Vietnam: Notaries must explain the legal consequences arising from contracts

According to Article 5 of the Rule on notarization practice ethics issued together with the Circular No. 11/2012/TT-BTP of the Ministry of Justice of Vietnam, profession responsibilities of notaries are specified as follows:

- Notaries must be devoted with work, promote ability, use professional knowledge and skills in order to assure in best way for legal safety of contracts, transactions; have responsibilities for receipt of  and solving requests for notarization of individuals, organizations fast, timely when the requests for notarization not breach banned things of law, contrary to social ethics.  

- Notaries are ready to receive and solve timely request for notarization of requesters in way that always being present at the head office of the notary practice organizations in working-time as prescribed by law.

- Notaries have obligation to explain for applicants for notarization to understand clearly rights, obligations, legal consequences arise from contracts, transactions requested for notarization; to answer clearly questions of applicants for notarization aiming to ensure contracts, transactions in exactness with the will of parties concluding contracts, transactions; ensure parties have awareness in accordance to related law and legal value of notarized documents before the notaries who perform notarization.

- Notaries are responsible for supply for applicants for notarization information relating to rights, obligations and professional duties of notaries in practicing notarization as required by applicants for notarization.

View more details at the Circular No. 11/2012/TT-BTP of the Ministry of Justice of Vietnam, effective from December 20, 2012.

Le Vy

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